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When writing about a crime, especially one that has taken on almost mythical stature, the logical first step is to review the official record. After all, the Clutter murders and the arrest and trial of Richard Hickock and Perry Smith have been subject to creative interpretation for more than fifty years. The criminal trial resulting in a sentence of capital punishment, and ultimately the executions of Hickock and Smith, underwent numerous appellate reviews. Surely, one would think, original source material, specifically the official transcript of what is arguably the most famous criminal case in Kansas history, has been preserved and is easily available.
This is where our story takes another curious turn.
Over a period of several months starting in February 2015, I made numerous attempts to obtain the original 1960 trial transcript. I was originally directed by the court clerk to contact Philip C. Vieux, chief judge of the Finney County District Court. Not by email, but by phone, personally.
Unable to reach the judge, we tried his office again and were advised that inquiries should instead be directed back to the clerk’s office—where we were informed that Finney County is not in possession of the transcript! An assistant in the clerk’s office explained that it “may be in a vault” but access would be difficult after so many years. Strangely, we were told to contact the Calihan Law Office in Garden City, Kansas.
It seems that a court reporter with some relationship to the Calihan firm was known to collect memorabilia related to the case and in all likelihood had the transcript. A Calihan staff member advised us that their office did not, in fact, have the transcript, but the (now retired) court reporter was the best person to contact regarding our request. We were given the telephone number of the court reporter’s residence in Arizona. After numerous failed attempts using the number given, we again contacted the Calihan Law Office and were told that was the only contact information they had. Having other things to deal with at the time, I set the task aside.
Then, in March 2017, we again contacted the Finney County Clerk’s Office, this time via email. Their prompt reply informed us that our email had been forwarded to the Calihan Law Office with a request that they get in touch with us regarding the transcript.
Months passed until we received a phone call from a relative of the court reporter, a private citizen, who confirmed that, yes, they did have the transcript—a copy of which we could acquire for the price of $600. (The issue wasn’t price, but accessibility to “public” documents.)
